Directors’ duties in the ‘twilight zone’ before insolvency

Implications of BTI v Sequana for directors of companies in financial difficulty.  The decision has been described as the most important insolvency/company law decision of the last 30 years and is of particular significance in the current economic climate. Covers practical difficulties in establishing when duty to consider creditors’ interests is triggered and the scope of duty.  Of interest to anyone advising directors of potentially insolvent companies and those contemplating or involved in litigation against those directors.

Case

BTI v. Sequana (2022)

Practice area(s)

Company & Partnership and Insolvency

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